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HomeMy WebLinkAboutResolution 2010-080 N.C.S. 06/07/2010Resolution No. 2010-080 N.C.S. of the City of Petaluma, California AUTIIORIZING TERMINATION OF TIIE CONTRACT WITH CAL ELECTRIC FOR TIIE REC~'CLED WATER BOOSTER PUMP STATION NO. 2 IMPROVEMENTS, PROJECT NO. 000500908 WIIEREAS, City staff has prepared construction bid documents and advertised for construction of this Project; and, WIFIEREAS, in accordance with the City of Petaluma Charter and Municipal Code, California. Public Contract Code Section 20162 and other applicable law, City staff solicited bids for the Project; and, WIIEREAS, the project was bid on January 21, 2010, and three (3) bids were received and opened on February 24, 2010 in accordance with applicable law; and WI~[EREAS, the lowest bid for the Project was submitted by Cal Electric from Fairfield, CA for $62,800; and, WIIEREAS, the City entered into an agreement with Cal Electric on May 17, 2010 and on May 27, 2010 City staff met with Cal Electric to discuss status of project and impacts on agricultural users; and, W>EIEREAS, the Project is categorically exempt pursuant to California Environmental Quality Act ("CEQA") and Title 14, the California Code of Regulations ("CEQA Guidelines"), Section 15302, because the project consists of replacement of existing electrical equipment acid motor control systems for the City's existing Recycled Water Booster Pump Station No. 2, with no expansion of capacity. NOW, TIIEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma hereby: Resolution No. 2010-080 N.C.S. Page 1 1. Directs that the Contract, with. Cal Electric for Project No. 000500908 be terminated for convenience in accordance with Section 15.3 of the contract general conditions based on the following: A. The Contractor determined that the Contractor would be unable to complete the submittal process within the time allowed in the contract specifications in order to mobilize by June 14, 2010 and complete the project by July 1, 2010 and avoid the imposition of liquidated damages under the contract. B. The Contractor stated the Contractor could not mobilize before July, due to submittals and procurement that had not yet been performed. C. System delivery constraints require that the booster pump station be fully operational during hot weather, which is anticipated through the summer. As a result, the City is precluded from extending the contract working days to accommodate a late start by the Contractor. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Appro ed Council of the City of Petaluma at a Regular meeting on the 7`h day of June, 2010, o by the following vote: __ City A me AYES: Barrett, Vice Mayor Glass, Harris, Healy, Rabbitt, Renee, Mayor Torliatt ~.-°~rt~~ NOES: None 1 ~ ~' f ,. ABSENT: None ~ ." I /~__......r ABSTAIN: None e~'"~"""~~"~~ ~~ 1.. ATTEST: City Clerk Mayor to Resolution No. 2010-080 N.C.S. Page 2